The purposes and effects of the proposed rule amendments are to: (1) delete 40C-2.031(1)(e), consistent with deletion of the secondary user permit requirement in 40C-2.041(1)(f); (2) clarify surface water intake diameter in 40C-2.041(1)(e) and 40C-2....

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NOS.:RULE TITLES:

40C-2.031Implementation

40C-2.041Permits Required

40C-2.042General Permit by Rule

40C-2.051Exemptions

40C-2.101Publications Incorporated by Reference

40C-2.301Conditions for Issuance of Permits

40C-2.331Modification of Permits

40C-2.900Forms and Instructions

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) delete paragraph 40C-2.031(1)(e), F.A.C., consistent with deletion of the secondary user permit requirement in paragraph 40C-2.041(1)(f), F.A.C.,; (2) clarify surface water intake diameter in paragraphs 40C-2.041(1)(e) and 40C-2.041(3)(e), F.A.C.,; (3) delete the secondary user permit requirement in paragraph 40C-2.041(1)(f) , F.A.C., and make conforming changes throughout Rule Chapter 40C-2; , F.A.C., (4) create new requirement that only one consumptive use permit (CUP) application can remain pending at a time, subject to certain exceptions for renewals and letter modifications, in new subsections 40C-2.041(8)-(10), F.A.C.,; (5) clarify that the general permit by rule for irrigating agricultural crops and nursery plants in subsection 40C-2.042(1), F.A.C., is limited to certain agricultural lands; (6) clarify the irrigation zone for new plantings for the landscape irrigation general permit by rule in subparagraph 40C-2.042(2)(a)3.b., F.A.C., consistent with existing paragraph 40C-2.042(1)(d), F.A.C.,; (7) amend subsection 40C-2.042(10), F.A.C., to simplify criteria for the environmental restoration and enhancement general permit by rule (GPR) and allow transfer of the GPR to certain local governments; (8) amend subsection 40C-2.042(11), F.A.C., to simplify criteria for the general permit by rule for certain aquifer performance tests (APT); (9) amend subsection 40C-2.042(12), F.A.C., to allow certain grandfathered existing HVAC system wells to be used for domestic heating and cooling, and irrigation of one acre or less of landscape in accordance with subsection 40C-2.042(8), F.A.C., without a return well; (10) create a new general permit by rule for certain temporary emergency water uses in subsection 40C-2.042(13); (11) expand the permit exemption for fire protection in subsection 40C-2.051(9), F.A.C.,; (12) delete subsection 40C-2.051(11), F.A.C.,, consistent with deletion of the secondary user permit requirement in paragraph 40C-2.041(1)(f), F.A.C.,; (13) amend paragraph 40C-2.101(1)(a), F.A.C., to incorporate an amended Applicant’s Handbook, Consumptive Uses of Water (AH), which amendments are described further below; (14) delete water quality permitting criterion in paragraph 40C-2.301(2)(h), F.A.C., to be consistent with the other water management districts, and make conforming changes throughout Rule Chapter 40C-2, F.A.C.,; (15) delete unnecessary limitation on use of permit modifications by letter in subparagraph 40C-2.331(1)(c)4., F.A.C.,; (16) expand use of permit modifications by letter in subparagraph 40C-2.331(1)(c)7.b., F.A.C., for replacing or relocating certain wells; (17) amend subsection 40C-2.900(7), F.A.C., to clarify Line 4A of incorporated Form No. 40C-2.900(7), (Water Audit Form); and (18) make conforming changes, corrections, and clarifications throughout. The amendments to paragraph 40C-2.101(1)(a), F.A.C., and the Applicant’s Handbook, Consumptive Uses of Water (AH) will: (1) delete references to secondary users throughout the Applicant’s Handbook, consistent with deletion of the secondary user permit requirement in paragraph 40C-2.041(1)(f), F.A.C.,; (2) amend the criteria in Section 1.4.3.3(a) for a modification of a permit by letter, consistent with the amendment to paragraph 40C-2.331(1)(c), F.A.C.,; (3) amend Sections 1.4.5.3.2 through 1.4.5.3.4 regarding administrative denials; (4) amend a staff-issued permit threshold in Section 1.4.5.5.2, consistent with the amendment to paragraph 40C-2.041(4)(e), F.A.C.,.; (5) add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; (6) delete Sections 2.3(h) and 5.2(f)-(h), consistent with the deletion of paragraph 40C-2.301(2)(h), F.A.C.,; and (7) make conforming changes, corrections, and clarifications throughout, consistent with the amendments to Rule Chapter 40C-2, F.A.C., described above.

SUMMARY: The proposed rule amendments will: (1) delete the secondary user permit requirement in paragraph 40C-2.041(1)(f), F.A.C., and make conforming changes throughout; (2) generally only allow one pending CUP application at a time in subsections 40C-2.041(8)-(10), F.A.C.,; (3) expand and clarify the general permits by rule in Rule 40C-2.042, F.A.C., including creating a new general permit by rule for certain temporary emergency water uses; (4) expand the permit exemption for fire protection in 40C-2.051(9), F.A.C.,; (5) delete the water quality permitting criterion in paragraph 40C-2.310(2)(h), F.A.C., and making conforming changes throughout; (6) expand use of permit modifications by letter in subparagraph 40C-2.331(1)(c)7.b, F.A.C.,. and delete unnecessary limitation on use of permit modifications by letter in subparagraph 40C-2.331(1)(c)4., F.A.C.,; (7) amend subsection 40C-2.900(7), F.A.C., to clarify Form No. 40C-2.900(7), (Water Audit Form); (8) add “market conditions” to the factors listed in Section 1.5.4 for agricultural consumptive use permits for irrigation that will not result in a reduction of the permitted allocation during the term of the permit; and (9) make conforming changes, corrections, and clarifications throughout. All the proposed rule amendments would become effective on July 1, 2018.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District in preparing and completing those documents, the proposed rule amendments are not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.109, 373.113, 373.118, 373.171, FS.

LAW IMPLEMENTED: 373.118, 373.219, 373.223, 373.224, 373.226, 373.227, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: District Clerk, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tom Mayton, Sr. Assistant General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] or [e-mail], and Mary Ellen Winkler, Deputy General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-2.031 Implementation.

(1) An individual consumptive use permitting program has been implemented on the following dates within the District:

(a) through (d) No change.

(e) February 15, 1995 for secondary users, as defined in paragraph 1.1(s) of the Applicant’s Handbook: Consumptive Uses of Water (which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.), which are required to obtain a permit pursuant to paragraph 40C-2.041(1)(f), F.A.C.

(2) through (3) No change.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History–New 1-1-83, Formerly 40C-2.031, 40C-2.0031, Amended 7-23-91, 12-6-93, 2-15-95, 1-7-99, 2-15-06, 8-14-14,________.

 

40C-2.041 Permits Required.

(1) The District issues consumptive use permits in two forms, individual permits and general permits by rule. Unless the consumptive use is expressly exempted in Rule 40C-2.051, F.A.C., or qualifies for a general permit by rule in Rule 40C-2.042, F.A.C., the Governing Board hereby requires an individual consumptive use permit for any of the following:

(a) through (d) No change.

(e) Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of six (6) inches or greater. For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the pump intake pipe.

(f) Any secondary use, as defined in paragraph 1.1(s) of the Applicant’s Handbook: Consumptive Uses of Water (which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.), which exceeds 100,000 gallons per day estimated on an average annual basis.

(2) Those thresholds in paragraphs 40C-2.041(1)(a) through (c) and (e) (f), and Rule 40C-2.042, F.A.C., refer to the total capacity of the water withdrawal equipment, wells, or other facilities located on contiguous or physically proximate properties that either share the same irrigation infrastucture or are owned, operated or controlled as a common enterprise or system. A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same irrigation infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40C-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits. This requirement to aggregate two or more properties shall not apply when the separate properties have existing permits that require metering for all withdrawals or the water user requests a permit modification to the permits to require metering for all withdrawals.

(3) No change.

(4) Those seeking an individual consumptive use permit must submit to the District a complete permit application Form Number 40C-2.900(1), which is incorporated by reference in subsection 40C-2.900(1), F.A.C. Individual permits which do not exceed any of the following requirements are considered minor individual permits and may alternatively utilize permit application Form Number 40C-2.900(2), which is incorporated by reference in subsection 40C-2.900(2), F.A.C.:

(a) through (d) No change

(e) Withdrawals from surface water facilities which have an intake diameter or cumulative intake diameter of less than eight (8) inches. For purposes of this paragraph, the intake diameter of the surface water facility is the diameter at the end of the pump intake pipe.

(5) through (7) No change.

(8) When information submitted to the District incorporates or results in a material change to the proposed activity for which the applicant seeks a permit or modification, the District shall notify the applicant that the application is deemed to be amended and the 30 and 90 day time requirements of Section 120.60(1), F.S., shall restart.

(9) Only one application shall be filed for a permit required under Chapter 40C-2, F.A.C., for a consumptive use at or involving the same property, including applications for an initial permit and applications for modification of a permit, at any time prior to final action on the application first received by the District. If the District determines that more than one application has been so filed, the District will notify the applicant that the most recent application is deemed an amendment of the pending application, and if the amendment constitutes a material change, the application will be processed in accordance with subsection (8) above.  Subsections (8) and (9) shall not apply to a request for a letter modification of a permit and shall not affect the timeliness of an application for renewal of a permit.

(10) Applicants who seek to renew a permit under Chapter 40C-2, F.A.C., must submit a timely and sufficient application for renewal to avoid expiration of the permit. An application for renewal shall be considered timely only if it is received by the District no later than the expiration date of the existing permit. Mailing the application does not constitute receipt by the District. If the permit’s expiration date falls on a weekend or legal holiday, the application for renewal must be received by the District on the next business day after the weekend or holiday. When timely and sufficient application for renewal is made, the existing permit shall not expire until the application for renewal has been finally acted upon by the District, or if the application is denied or the terms of the permit are limited, until the last day for seeking review of the District action or a later date fixed by order of the reviewing court.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.113, 373.216 FS. Law Implemented 373.219, 373.226 FS. History–New 1-2-77, Amended 1-1-83, 6-1-84, Formerly 40C-2.04, Amended 5-31-84, Formerly 40C-2.041, 40C-2.0041, Amended 7-23-91, 12-6-93, 2-15-95, 4-25-96, 1-7-99, 11-11-03, 8-14-14, 11-3-15,________.

 

40C-2.042 General Permit by Rule.

A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), (10), (11), and (12), and (13), F.A.C. However, this rule shall not apply to domestic uses of water by individuals, i.e., water used for the household purposes of drinking, bathing, cooking or sanitation. Persons using or proposing to use water in a manner not authorized under this rule, must obtain a permit pursuant to Chapter 40C-2, F.A.C.

(1) The Governing Board hereby grants a general permit to each person located within the District to use, withdraw or divert water to irrigate agricultural crops, nursery plants, cemeteries, golf courses and recreational areas such as playgrounds, football, baseball, and soccer fields, provided the irrigation does not occur between the hours of 10:00 a.m. and 4:00 p.m. daily, and provided the amount of water used is limited to only that necessary for efficient utilization. For purposes of this subsection, agricultural crops and nursery plants are limited to those grown on lands classified by the property appraiser as agricultural lands under section 193.461, Florida Statutes (2016). All Such water use under this subsection shall be subject to the following exceptions:

(a) through (m) No change.

(2)(a) The Governing Board hereby grants a general permit to each person located within the District to use, withdraw or divert water for landscape irrigation, provided landscape irrigation occurs in accordance with the provisions of subsection 40C-2.042(2), F.A.C., and provided the amount of water used is limited to only that necessary for efficient utilization. For the purpose of this rule, “landscape irrigation” means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way, but it does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. For the purpose of this rule, the terms “residential landscape irrigation” and “non-residential landscape irrigation” are defined in this paragraph (a) as follows. “Residential landscape irrigation” means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. “Non-residential landscape irrigation” means the irrigation of landscape not included within the definition of “residential landscape irrigation,” such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. For the purpose of this rule, “address” means the “house number” of the physical location of a specific property. This excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Services to determine a delivery location, the lot number shall be the property’s address. An “even numbered address” means an address ending in the numbers 0, 2, 4, 6, 8 or letters A-M. An “odd numbered address” means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

1. and 2. No change

3. Landscape irrigation shall be subject to the following exceptions:

a. No change.

b. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. An entire irrigation zone may be watered under this sub-subparagraph only if new plantings or landscaping comprise at least 50 percent of that zone. If new plantings or landscaping comprise less than 50 percent of an irrigation zone, only the new plantings or landscaping can be watered under this sub-subparagraph.

c. through h. No change.

4. through 5. No change.

(b) through (c) No change.

(3) through (9) No change.

(10) The Governing Board hereby grants a general permit by rule for a consumptive use of water to withdraw ground or surface water anywhere in the District for environmental restoration or enhancement projects proposed by the Florida Department of Environmental Protection or the District, which have either obtained authorization or qualify for an a verification of exemption under Part IV of Chapter 373, F.S., for the restoration or enhancement project, provided the use will not interfere with any presently existing legal use of water and the amount of water used is limited to only that necessary for efficient utilization. This general permit by rule shall be transferred to a local unit of government when the District or the Department transfers to the local government the land upon which a completed environmental restoration or enhancement project is located. To qualify for this general permit by rule, the environmental restoration or enhancement project must comply with one of the following procedures:

(a) The project is part of a Surface Water Improvement And Management Plan developed pursuant to Section 373.453, F.S., that is reviewed by the Department and approved by a Water Management District in accordance with Section 373.456, F.S.;

(b) The project is approved by the Secretary of the Department after conducting at least one public meeting; or

(c) The project is wholly or partially funded through the Ecosystem Management and Restoration Trust Fund pursuant to Section 403.1651, F.S., or the Water Resources Restoration and Preservation Act pursuant to Section 403.0615, F.S., or through the Land Acquisition Trust Fund pursuant to Article X, Section 28 of the Florida Constitution, or through any successor trust fund.

(11) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for aquifer performance tests (APT), when an APT is requested in writing by District staff, required by permit condition, or is part of an alternative water source investigation, provided the following conditions are met:

(a) The use does not meet or exceed the threshold of paragraph 40C-2.041(1)(a), F.A.C.;

(b) The use meets the conditions for issuance in Rule 40C-2.301, F.A.C.;

(c) The use will not exceed 60 days; and,

(d) The pumping and discharge will be performed in accordance with an aquifer performance test plan submitted to and approved in writing by District staff.

(12) The Governing Board hereby grants a general permit by rule to each person located within the District to withdraw groundwater for heating and cooling (HVAC), provided the following conditions are met:

(a) The use will not meet or exceed any threshold in paragraphs 40C-2.041(1)(a)-(c), F.A.C.;

(b) The heating and cooling discharge water is returned directly to the same aquifer from which it is withdrawn. This condition shall not apply to a discharge of water from a water-to-air air conditioning unit or other water-dependent cooling system constructed before August 14, 2014;

(c) The heating and cooling discharge or injection has been permitted by the Department of Environmental Protection under Chapter 403, F.S., or is exempt from such permitting; and,

(d) The water used for heating and cooling has no contact or mixing with other water sources, additives, or chemicals.

(13) The Governing Board hereby grants a general permit by rule for an emergency consumptive use, provided the following conditions are met:

(a) The use meets the conditions for issuance in Rule 40C-2.301, F.A.C.;

(b) The use will not exceed 90 days;

(c) The use is necessary to address emergency conditions;

(d) The District has provided written approval of the use; and

(e) The permittee complies with all the terms and conditions of the written approval.

For purposes of this subsection, “emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety or welfare, or the water resources of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or lack of planning shall not be sufficient grounds to warrant the granting of written approval for an emergency consumptive use. The emergency consumptive use may commence only upon receiving written approval by a District staff member designated by the District Executive Director. The recipient of an emergency consumptive use approval is responsible for complying with all terms and conditions of the written approval, which shall form a part of the general permit. The general permit by rule shall expire 90 days from the date of written approval or the date provided in the written approval, whichever is less. No consumptive use is authorized under this general permit until written approval is received.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.109, 373.113, 373.118, 373.171 FS. Law Implemented 373.019(6), 373.109, 373.118, 373.219, 373.223, 373.250, 373.609, 373.62 FS. History–New 7-23-91, Amended 1-7-99, 2-15-06, 3-8-09, 8-14-14, 11-3-15,________.

 

40C-2.051 Exemptions.

No permit shall be required under the provisions of this chapter for the following water uses:

(1) through (8) No change.

(9) Withdrawals of ground or surface water solely for fire protection purposes.

(10) No change.

(11) Seasondary uses supplied solely by reclaimed water obtained from a water supplier.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.216, 373.219, 373.250, 403.511 FS. History–New 1-1-83, Formerly 40C-2.051, 40C-2.0051, Amended 8-18-87, 11-19-87, 9-12-89, 12-6-93, 8-17-94, 4-25-96, 10-2-96, 11-11-03, 2-15-06, 8-14-14, 11-3-15,________.

 

40C-2.101 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Parts I (insert URL https://www.flrules.org/Gateway/reference.asp?No=Ref-05972), subsections 62-40.416(7)-(8), F.A.C., effective November 3, 2015, in Appendix G (https://www.flrules.org/Gateway/reference.asp?No=Ref-04443), and Limiting Conditions for subsection 40C-2.042(9), F.A.C., Dewatering General Permits by Rule in Appendix I (https://www.flrules.org/Gateway/reference.asp?No=Ref-05973) of the document entitled “Applicant’s Handbook, Consumptive Uses of Water,” effective effective date November 3, 2015. The purpose of the document is to provide information regarding the policy, procedure, criteria, and conditions that pertain to the District’s administration of the consumptive use permitting program.

(b) No change.

(2) No change.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.118, 373.17, 373.227(5) FS. Law Implemented 373.042, 373.0421, 373.073, 373.079, 373.083(5), 373.103, 373.109, 373.219, 373.223, 373.226, 373.227, 373.229, 373.233, 373.236, 373.239, 373.250, 373.62, 373.707 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.101, 40C-2.0101, Amended 10-1-87, 1-1-89, 8-1-89, 10-4-89, 7-21-91, 7-23-91, 11-12-91, 9-16-92, 1-20-93, 12-6-93, 2-15-95, 7-10-95, 4-25-96, 10-2-96, 1-7-99, 2-9-99, 4-10-02, 2-15-06, 2-13-08, 8-12-08, 3-8-09, 12-27-10, 2-2-12, 9-16-12, 8-14-14, 11-3-15,________.

 

40C-2.301 Conditions for Issuance of Permits.

(1) No change.

(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) through (g) No change.

(h) The consumptive use shall not cause or contribute to a violation of state water quality standards in receiving waters of the state as set forth in Chapters 62-3, 62-4, 62-302, 62-520 and 62-550, F.A.C., including any anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding National Waters set forth in subsections 62-4.242(2) and (3), F.A.C. This criterion is considered to have been met for any use of water that is required to obtain a permit or certification under Chapter 403, F.S., or a permit under Part IV of Chapter 373, F.S. For those applications relying on the issuance of a permit under Part IV of Chapter 373, F.S., to meet this criterion, a special permit condition will be attached that prohibits the consumptive use until such other permit is issued and the system is constructed.

Reletter (i) through (j) as (h) through (i) No change.

(3) No change.

(4) Except as otherwise provided by law, the applicant shall have the burden of proof to establish and present sufficient data to support a finding by the District that the proposed use meets the conditions specified in subsections (1) and (2) above. The standards, criteria, and conditions in the Applicant’s Handbook: Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be used in determining whether the requirements of subsections (1) and (2) above are met. However, when an application was complete before effective date August 14, 2014, then the applicant may elect review in accordance with the standards, criteria, and conditions that were in effect immediately prior to effective date August 14, 2014.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.171, 373.229 FS. Law Implemented 373.042, 373.0421, 373.196, 373.219, 373.223, 373.224, 373.226, 373.250 FS. History–New 1-1-83, Amended 5-31-84, Formerly 40C-2.301, 40C-2.0301, Amended 7-23-91, 9-16-92, 1-20-93, 6-7-93, 1-7-99, 2-13-08, 8-14-14,________.

 

40C-2.331 Modification of Permits.

(1) A request for modification of a valid permit issued pursuant to Chapters 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section:

(a) through (b) No change.

(c) The following requests for modification are specifically excluded from the letter modification process and must be requested by application under paragraph (1)(a) above:

1. through 3. No change.

4. Requests to change the permitted use within a use type that has been allocated in the permit, unless it does not increase the consumptive use allocation(s);

Renumber 5. through 6. as 4. through 5. No change.

6.7. Requests to change the location(s) of withdrawal point(s), unless the change:

a.  Is for the relocation of withdrawal point(s) from a man-made surface water management system, or

b. Is for the relocation of a proposed well or replacement of an existing well or wells with a well producing from the same hydrostratigraphic unit as the proposed well or existing well(s) and so long as the relocated or replacement well does not cause impacts to the water resources of the area or existing offsite land uses beyond those evaluated under the consumptive use permit, and the total designed pumping capacity of the relocated or replacement well is less than or equal to the designed pumping capacity of the proposed or existing well that was authorized under the consumptive use permit.

(2) through (3) No change.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083(5), 373.219, 373.223, 373.229, 373.239 FS. History–New 1-2-77, Amended 1-1-83, Formerly 40C-2.33, 40C-2.331, 40C-2.0331, Amended 4-25-96, 10-2-96, 2-2-12, 8-14-14, 11-3-15,________.

 

40C-2.900 Forms and Instructions.

(1) though (6) No change.

(7) Water Audit Form and Instructions, Form Number 40C-2.900(7), effective effective date August 14, 2014, is hereby incorporated by reference and available at {insert URL} http://www.flrules.org/Gateway/reference.asp?No=Ref-04429. This form is referenced in Sections 2.2.2.5.1.A.4.(a) and 2.2.2.5.1.A.4.(c) of Part I of the “Applicant’s Handbook, Consumptive Uses of Water,” which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C.

(8) through (15) No change.

This rule will become effective on July 1, 2018.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.109, 373.116, 373.118, 373.219, 373.229 FS. History–New 5-30-90, Amended 7-21-91, 7-23-91, 1-20-93, 2-15-95, 4-25-96, 10-2-96, 1-7-99, 2-15-06, 3-8-09, 2-2-12, 8-14-14, 11-3-15,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas I. Mayton, Jr., Sr. Assistant General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2016